Vietnam: Management and use of expenses for provision of civil legal assistance

According to Decree No. 92/2008/ND-CP of Vietnam’s Government, the management and use of expenses for provision of civil legal assistance are prescribed as follows:

- Individuals or organizations with requests for settlement of civil cases or matters which give rise to requests for civil legal mandates overseas shall pay expenses for the performance of civil legal mandates under Vietnamese regulations and expenses for the performance of civil legal mandates requested by foreign countries. Expenses for the provision of legal assistance specified in this Decree include charges and actual costs prescribed by law.

- Agencies receiving dossiers of request for civil legal assistance overseas shall collect expenses for the provision of legal assistance at home from requesting individuals or organizations specified in Clause 1 of this Article and notify them of expenses for the performance of legal mandates requested by foreign countries they must pay before sending the dossiers to these foreign countries. For actual costs arising at home, agencies receiving the dossiers shall temporarily collect some amounts to be paid according to real invoices and documents under Vietnamese law and laws of concerned foreign countries.

- Foreign individuals or organizations that request civil legal mandates to Vietnam shall pay expenses for the performance of legal mandates under Vietnamese law. Agencies receiving dossiers of request for civil legal mandates shall collect expenses for the performance of these legal mandates.

- The Finance Ministry shall specify expense levels; the collection, remittance, management and use of expenses for the performance of civil legal mandates.

View more details at Decree No. 92/2008/ND-CP of Vietnam’s Government, effective from September 23, 2008.

Ngoc Tai

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